ABSTRACT

This chapter provides a historical overview of key regulation, de lege lata and ferenda, in the matter of individual criminal responsibility and State aggravated, or criminal, responsibility, under particular and general international law. The first proposal for an international criminal court goes back to Gustave Moynier, President of the International Committee of the Red Cross. Moynier suggested the establishment of an international criminal jurisdiction to adjudicate upon and prevent breaches of the 1864 Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field. Following the experience of World War I, different initiatives were undertaken within and outside the League of Nations in order to establish a system of international criminal law. Within the context of its work on the establishment of a Permanent Court of International Justice under Article 14 of the Covenant of the League, an Advisory Committee of Jurists put forward a first project.